MANAGEMENT OF JUSTICE

Evolution of judicial system

In the framework of society the long term and cyclical injustices are rarely amenable to immediate amelioration. Unless social forces accumulate there is no expectation of a permanent change. Thus it is futile to hope for a democratic system in long period of time preceding the Industrial Revolution in Europe. The Industrial Revolution diminished the comparative importance of landed property,led to creation of multiple organizations with power independ of the state and created the& middle class. This led to overthrow of authoritarian rule . 

    However everyday crimes have been amenable to control from the inception of society.Humans cooperate to build social organizations and homicide and theft directly affects this cooperation.Actually human brain development and imagination of alternative scenarios directly allow this type of cooperative behaviour to punish the transgressors.

   In ancient times it was the monarchs duty to deliver justice and this occurred through judges and a police force maintained by the state. Judges dispensed justice on the basis of common law or precedence. Previous judgements on similar crimes served the basis of justice dispensation. However the everyday law and order maintenance was done by volunteers from the public. It was the responsibility of family and relatives to pursue the guilty party responsible for theft or murder and report it to a court. 

   However this system had a number of problems. Firstly the public was not aware about the judgement by courts of law and could not know the crimes and their punishment beforehand. Next the volunteer police was often corrupt and fell victim to powerful business and other interests. The legislature thus took upon it to write criminal codes where crimes were defined and punishments for same formulated. Simultaneously police forces were created who were appointed by government and selected by specific criteria.

The criminal code

  The criminal code defines crimes and gives specifics punishments for them. This allows the police and courts to arrest, investigate,bring specific charges against those who violate these crimes.The entire exercise is based on collecting and bringing forth evidences which prove the occurrence of a crime and the identity of the person responsible for it.Judges decide a case based on available evidence and insufficient evidence can lead to acquittal of a criminal.Again forged evidence can lead to punishment to a innocent person. Thus to prevent this judges follow the principle that an innocent person should not be wrongly punished even if the system allows ten guilty to escape.Especially in criminal cases the guilt must be proved by evidence beyond reasonable doubt to allow any conviction.

     During ancient and medieval times authoratarian governments falsely forced citizens to confess under threat. The criminal codes courts and police procedures today take precautions to prevent this. Thus individuals arrested may not self incriminate under interrogation. Arrests and home searches are only possible with a warrant separate from police involved in direct action. All defendants are authorised a lawyer and if unable to do so,the lawyer is provided by government

Crimes  and evidence

     Crimes are divided into major crimes such as homicide,theft,rapes and minor crimes or misdemeanours. The quantum of punishment varies from death penalty for homicides to fines for traffic violations. The evidence required to prove these crimes are written in the criminal codes and the police and courts have to decide only based on these evidences. Evidence may be material or by witnesses. 

  Evidence  to prove any crime requires that it was a voluntary act either done purposely to harm others or done negligently. Moreover evidence should be there that the act directly caused harm to the victim and it was socially unacceptable.